CAT/OP/KAZ/1/Add.1 probation, including changes to existing legislation, pilot projects, the involvement of NGOs, the development of mechanisms and other measures to strengthen the probation services. Paragraph 38 The Subcommittee notes the authorities’ indications that a review of the definition of torture in the Criminal Code is under way. In that context, the Subcommittee reiterates the recommendation of the Committee against Torture to bring that definition into conformity with the one contained in the Convention and ensure that perpetrators convicted of having committed torture or ill-treatment are punished with appropriate penalties that are commensurate to the gravity of the crime. 92. With the introduction of the new Criminal Code, criminal responsibility for torture has been tightened. In Kazakhstan, torture is defined as the infliction of any pain, even in the absence of any harm to health. The maximum penalty is 12 years’ imprisonment. 93. Perpetrators may be law enforcement officers (investigators and persons conducting initial inquiries) but may also be other officials or other persons who have used torture at the instigation or with the acquiescence of law enforcement officers. 94. Persons who have committed torture may not be exempted from criminal liability as a result of the statute of limitations or of an amnesty. 95. The Office of the Procurator General and the government agencies responsible are preparing the fourth periodic report on the measures taken by Kazakhstan to implement the Convention against Torture. 96. The Office of the Procurator General has developed an outline bill amending legislation on combating torture and other ill-treatment or punishment and a plan of comprehensive measures to combat torture (start date: April 2016; presentation of the project: 23 February 2017; objective: effective prevention and eradication of the causes and conditions of torture in Kazakhstan; deadline: 2 years (December 2018)). 97. The objectives of the framework and the plan are to develop and implement measures for the prevention and effective investigation of cases of torture and the rehabilitation of victims of torture in the criminal process and in prison. 98. The comprehensive plan to combat torture includes a number of measures to ensure the absolute prohibition of torture, including by bringing articles 146 (torture) and 362 (exceeding authority or official powers) of the Criminal Code into line with article 1 of the Convention against Torture. 99. In particular, it is proposed that consideration be given to making a distinction between the offence of “torture” and that of “cruel, inhuman or degrading treatment or punishment” and amending the Criminal Code on that basis. 100. It is also proposed that torture should be punished as a serious offence, with no possibility of non-custodial penalties, and that sentences for other forms of ill-treatment should be commensurate with the gravity of the offence; that amendments should be made to articles 63 (conditional discharge) and 68 (exemption from criminal liability through reconciliation) of the Criminal Code to exclude the possibility of conditional discharge or of exemption from liability for torture, to ensure that sentences for torture are proportionate to their seriousness, and to amend the relevant Supreme Court decisions on torture and illtreatment so as to establish standard legal practice in line with the provisions. Paragraph 42 The Subcommittee recommends that the State party reform the system of prosecution, ensure that only independent judges take decisions on restrictions on the human rights of suspects and accused persons, and reinforce oversight of the activities of investigators. 101. As part of the ongoing legislative reform, a new Code of Criminal Procedure, which regulates the powers of the investigating judge, was adopted on 4 July 2014. 102. Under article 54 (3) of the Criminal Procedure Code, the investigating judge is a judge of a court of first instance with authority during the pretrial proceedings or a judge of a court 12 GE.18-05420